What is Answerbag?

Ask questions and share your knowledge with the world here on Answerbag. Get the best answers where there are no duplicate questions and questions are always open - our community of over 1,140,000 will find your answer!

Join For Free!
 

Definition of a Legal Separation

Friday, May 08, 2009
Related Tags: separation | dissolution | marriage | divorce | decree
 

Instructions

Does not put an end to the marriage

  • Step 1:
    Unlike a divorce, a legal separation does not put an end to a marriage. Basically, it is a court order/judicial decree that outlines each party's rights and responsibilities while they live apart. The terms of legal separation differ from state to state.

Why you might want a legal separation

  • Step 1:
    A legal separation is beneficial if:

    You are not sure if you want a divorce

    You want to retain medical benefits

    You want to secure spousal support for tax purposes

    You are married for 10 years or more and want to take advantage of certain Social Security benefits

Not free to remarry

  • Step 1:
    You are not free to remarry when you are legally separated -- also, in some states, infidelity while legally separated will have financial ramifications.

Distiction between Legal Separation and a Dissolution of Marriage

  • Step 1:
    The distinction between a Legal Separation and a Dissolution of Marriage is the end result. The parties obtain a Decree of Dissolution and after six months they can file for a Dissolution of Marriage. The court then turns the Legal Separation into a Legal Divorce as long as both parties are notified.

Informal vs. Legal Separation

  • Step 1:
    If legal separation seems like a big jump, you can opt for a trial separation. A trial separation is easily reversible

Definition of a Legal Separation Provided by eHow.com
Related Content
Definition of Legal Separation and Divorce
Legal separation and divorce are two processes that can modify or end a marriage. Trial separation, where two spouses simply live apart for a period of time, does not involve intervention of a...
Definition of Divorced
As a matter of law, divorce eliminates the bond of marriage. During the divorce process, attorneys, mediators and the courts will assist the couple in dividing their property and assets, making...
Definition of Dissolution of Marriage
Dissolution of marriage is the technical legal term for a divorce. It is a formal dissolving of the legal rights and obligations of matrimony. Just as marriage is subject to state law, dissolution...
Types of Divorces
Divorce is the term commonly applied to the legal termination of a marriage. The process for obtaining a divorce includes resolving issues of spouse or child support payments, child custody...
How to Obtain Divorce Forms
In order to file for divorce, you must submit several legal documents and pleadings in accordance with the family court's rules and procedures. If you are seeking a divorce without the...